Quality Assurance) (Amendment) Regulations, 2015

L.N. 150 of 2015

EDUCATION ACT

(CAP. 327)

Further and Higher Education (Licensing, Accreditation and

Quality Assurance) (Amendment) Regulations, 2015

IN exercise of the powers conferred by article 135 of the

Education Act, the Minister for Education and Employment has made

the following regulations:-

The title of these regulations is the Further and Higher

Education (Licensing, Accreditation and Quality Assurance)

(Amendment) Regulations, 2015, and these regulations shall be read

and construed as one with the Further and Higher Education

(Licensing, Accreditation and Quality Assurance) Regulations,

hereinafter referred to as "the principal regulations".

Regulation 5 of the principal regulations shall be amended

as follows

(a)

sub-regulation (6) thereof shall be substituted by

the following

"(6) Any provider that fails to comply with any of

the provisions of these regulations or any guidelines

established by the Commission in accordance with these

regulations shall be liable to an administrative fine not

exceeding four thousand euro (€4,000)."; and

(b)

immediately after sub-regulation (6) thereof, there

shall be added the following new sub-regulations

"(7) Whenever the Commission has imposed an

administrative fine in accordance with these regulations,

the Commission may impose an additional penalty not

exceeding one hundred and sixteen euro and forty-seven

cents (€116.47) for each day during which the offence

continues.

(8) The Commission shall be responsible for the

imposition of such fines and for their enforcement upon

any person or provider contravening these regulations and

the guidelines referred to in sub-regulations (6) and (7),

taking into account the gravity of the non-compliance and

any payments made to that provider for the undertaking of

a further or higher education programme.".

Immediately after regulation 5 of the principal regulations Adds new

regulation to the

there shall be added the following new regulation

principal

regulations.

" Imposition of

(1) The Commission shall, before

administrative

imposing an administrative penalty upon any

penalty.

person or provider who infringes or fails to

comply with -

(a)

any provision of these

regulations;

(b)

any directive or decision

given by the Commission under these

regulations;

(c)

any condition of any

authorisation granted under these

regulations,

by judicial letter to the person concerned -

(i)

give

notice

of

the

administrative penalty that may be

imposed by the Commission;

(ii)

give notice of the specific

reason why such penalty may be

imposed;

(iii)

give notice of the amount of

the penalty;

(iv)

demand that the provider

concerned rectify the acts or omissions

committed by such person and, or make

submissions to the Commission within a

specified time

Provided that such time may not be of

more than twenty days and of not less than five

days from the date of service of the judicial

letter

Provided further that the person or

provider, against whom an administrative

penalty may be imposed, shall be given a

reasonable opportunity during such period of

time as may be stipulated in the judicial letter

to make submissions to the Commission and to

propose any remedies that rectify the acts or

omissions required by the Commission to be so

rectified.

(2) In the judicial letter mentioned in

sub-regulation (1) the Commission may

impose such conditions as it may consider

reasonable in the circumstances.

(3) If the person concerned remedies

the infringement within the period established

by the Commission in accordance with the first

proviso to sub-regulation (1), and agrees in

writing to abide with any conditions that the

Commission may impose, the Commission

shall desist from proceeding any further

Provided that if the provider concerned,

after having been bound in writing as stated

above, fails to remedy the infringement within

the period established by the Commission in

accordance with the first proviso to sub-

regulation (1) or fails to abide with any

conditions agreed to in writing, the

Commission shall impose against such person

an administrative penalty for such failure, in

addition to the administrative penalty which

may be imposed for the infringement itself.

(4) If, after the lapse of the period

mentioned in the first proviso to sub-regulation

(1), the Commission considers that the person

concerned has not given any valid reasons to

demonstrate why no administrative penalty

should be imposed against such person, the

Commission shall proceed to impose such

administrative penalty.

(5) Notwithstanding

any

other

provision of this regulation, where the

Commission has prima facie evidence that the

infringement -

(a)

represents an immediate or

serious threat to public interest; or

(b)

creates or may create serious

economic or operational problems for

other providers or for students,

the Commission may shorten the periods

mentioned in the first proviso to sub-regulation

(1)

Provided that the person against whom

such administrative penalty is imposed shall be

given a reasonable opportunity to state any

views and propose any possible remedies.

(6) The Commission shall give its

reasons for any decision taken under sub-

regulation (5).

(7) An administrative penalty imposed

by the Commission upon any person shall be

considered a civil debt.".

4. Regulation 8 of the principal regulations shall be amended Amends

regulation 8 of

as follows

the principal

regulations.

(a)

in sub-regulation (3) thereof, for the words "and

programme accreditation under these regulations." there shall be

substituted the words "and programme accreditation under these

regulations:", and immediately thereafter there shall be added

the following new proviso

"Provided that applicants seeking to be licensed as

Tuition Centres in accordance with the Third Schedule

shall be exempted from seeking programme accreditation

in parallel to provider accreditation."; and

(b)

in sub-regulation (5) thereof, for the words "as

defined in the Third Schedule:" there shall be substituted the

words "as defined in the Third Schedule.", and the proviso

thereto shall be deleted.

5. Regulation 9 of the principal regulations shall be amended Amends

regulation 9 of

as follows

the principal

regulations.

(a)

paragraph (e) of sub-regulation (1) thereof shall be

substituted by the following

"(e) Tuition Centre:";

(b)

in the proviso to sub-regulation (1) thereof, for the

words "in the category referred to in paragraph (d)." there shall

be substituted the words "in the category referred to in

paragraph (d):", and immediately thereafter there shall be added

the following new proviso

"Provided further that, for a provider to be eligible

to be licensed under paragraph (e), such provider may be

either an individual or a body corporate.";

(c)

sub-regulation (2) thereof shall be substituted by

the following

"(2) The licence issued by the Commission shall

authorise a provider to operate in one or more of the

categories referred to in sub-regulation (1) and, in the case

of categories (a) to (d), to offer further or higher education

programmes classified at specified levels of the Malta

Qualifications Framework.";

(d)

in paragraph (e) of sub-regulation (5) thereof, for

the words "the further or higher education programmes" there

shall be substituted the words "any further or higher education

programmes";

(e)

paragraph (f) of sub-regulation (5) thereof shall be

re-numbered as paragraph (g); and

(f)

immediately after paragraph (e) of sub-regulation

(5) thereof there shall be added the following new paragraph

"(f) any courses not pegged to the Malta

Qualifications Framework offered by Tuition Centres

licensed under paragraph (e); and;".

Regulation 30 of the principal regulations shall be

amended as follows

(a)

in sub-regulation (1) thereof, for the words

" "English as a foreign language teaching centre" ", there shall

be substituted the words " "Tuition Centre" ";

(b)

in paragraph (b) of sub-regulation (1) thereof, for

the words " "masters" or "higher" ", there shall be substituted

the words " "masters", "master" or "higher" "; and

(c)

in sub-regulation (2) thereof, for the words

" "further education centre", as defined in the Second

Schedule", there shall be substituted the words " "further

education centre" or "tuition centre", as defined in the Second

Schedule".

In the proviso to sub-regulation (2) of regulation 36 of the

principal regulations, for the words "and the National Minimum

Conditions for all Schools Regulations." there shall be substituted the

words "and the National Minimum Conditions for all Schools

Regulations:", and immediately thereafter there shall be added the

following new proviso

"Provided further that tuition centres licensed under these

regulations shall also have in place an internal quality assurance

system in line with Commission’s regulations.".

Sub-regulation (1) of regulation 37 of the principal Amends

regulation 37 of

regulations shall be amended as follows

the principal

regulations.

(a)

in paragraph (c) thereof, for the words "and

programme quality audits conducted" there shall be substituted

the words "and programme quality audits for licences granted

under regulation 9(1)(a) to (d) conducted"; and

(b)

immediately after paragraph (c) thereof there shall

be added the following new paragraph

"(d) periodic provider quality audits for licences

ordered under regulation 9(1)(e) shall also include an audit

of programmes on offer as listed in the licence

conditions.".

Sub-regulation (1) of regulation 47 of the principal Amends

regulation 47 of

regulations shall be amended as follows

the principal

regulations.

(a)

paragraph (b) thereof shall be substituted by the

following

"(b) the higher education institution has -

(i)

academic staff; and

(ii)

an academic library; and

(iii) stable research training or stable

research and development activities of a high

standard;";

(b)

paragraph (e) thereof shall be substituted by the

following

"(e) the higher education institution provides

programmes which lead to national qualifications

classified at a combination of either Malta Qualifications

Framework levels 5, 6, or 7, or foreign qualifications at a

comparable level, in at least four fields, and also has

independent competence in setting up the components of

such programmes and an independent right to award

degrees with respect to such programmes;";

(c)

in paragraph (f) thereof, the words "in at least four

fields" shall be deleted;

(d)

paragraph (g) thereof shall be substituted by the

following

"(g) the higher education institution is affiliated

with international networks in connection with higher

education and, or research and participates in national and

international cooperation in teaching and, or research:";

and

(e)

immediately after paragraph (g), as substituted,

thereof, there shall be added the following new proviso

"Provided that an accredited Higher Educational

Institute shall be eligible to apply for University status if

the Commission considers that such application is in the

national interest and in fulfilment of national policies, on

the basis of a different combination of higher education

qualifications other than those indicated in paragraphs (e)

and (f).".

In regulation 53 of the principal regulations, for the words

" "further education institution", "further education centre", and

"English as a foreign language teaching centre" in accordance with

these regulations.", there shall be substituted the words " "further

education institution" and "further education centre" in accordance

with these regulations.".

In paragraph 3(b) of the First Schedule to the principal

regulations, for the words "up to and including level 6" there shall be

substituted the words "up to and including level 7".

Category 5 in the Second Schedule to the principal

regulations shall be substituted by the following

"Category 5: "Tuition Centre"

A licence to operate as a "Tuition Centre" permits a

provider to provide, as its main mission, courses not part of

compulsory schooling in accordance with the licence.

A licence to operate as a "Tuition Centre" does not

authorise a provider to provide any of the courses or

programmes listed in the Third Schedule, but only those listed

in the licence itself.".

The Third Schedule to the principal regulations shall be Substitutes the

Third Schedule

substituted by the following

to the principal

regulations.

"THIRD SCHEDULE

[Regulation 43]

CATEGORIES OF PROGRAMME ACCREDITATION

"Further education course/programme"

A full academic, vocational or professional course or

programme which is of non-compulsory formal education and is

accredited by the Commission under these regulations as one

which leads to a national qualification classified up to and

including Malta Qualifications Framework Level 4 or a foreign

qualification at a comparable level. Such programme would

satisfy the minimum workload requirements set by the

Commission in accordance with its functions as set out in the

Malta Qualifications Framework for Lifelong Learning

Regulations (S.L.327.431).

"Further education module"

Part of a "further education programme" offered by a

provider, accredited by the Commission under these regulations,

as a module and which serves to obtain, only in part, a national

qualification classified up to and including Malta Qualifications

Framework Level 4 or a foreign qualification at a comparable

level.

"Higher education course / programme"

A full academic, vocational or professional course or

programme which is of non-compulsory formal education,

training or research and is accredited by the Commission under

these regulations as one which leads to a national qualification

with the title of Degree, Certificate, Diploma or other similar

title at Malta Qualifications Framework Level 5 or higher or a

foreign qualification of a similar title at a comparable level.

Such programme would satisfy the minimum workload

requirements set by the Commission in accordance with its

functions as set out in the Malta Qualifications Framework for

Lifelong Learning Regulations (S.L.327.431).

"Higher education module"

Part of a "higher education programme" offered by a

provider, accredited by the Commission under these regulations,

as a module and which serves to obtain, only in part, a national

qualification at Malta Qualifications Framework Level 5 or

higher or a foreign qualification at a comparable level.

"Approved foreign further education programme"

An academic, vocational or professional programme of

non-compulsory formal education which is accredited by a

recognised foreign accreditation agency and leads to an award

awarded by a foreign provider and a foreign qualification

classified as comparable to a level up to and including Malta

Qualifications Framework Level 4. This programme does not

lead to a national qualification.

"Approved foreign higher education programme"

An academic, vocational or professional programme of

non-compulsory formal education, training or research which is

accredited by a recognised foreign accreditation agency and

leads to an award awarded by a foreign higher education

provider and a foreign qualification classified at a level

comparable to Malta Qualifications Framework Level 5 or

higher. This programme does not lead to a national

qualification.".

€0.81